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CERTIFIED MAIL-RETURN RECEIPT REQUESTED
June 8, 2011
Mr. Russell Sights
City Manager, City of Henderson
PO Box 716
Henderson, Kentucky 42419-0716
Re: EB-11-GB-0027
Dear Mr. Sights:
The Federal Communications Commission has received complaints that
equipment operated by your utility may be causing harmful radio
interference to an operator in the Amateur Radio Service. The complainant
is:
(Name withheld)
(Address withheld)
(Address withheld)
Tel: (number withheld)
The Commission has the responsibility to require that utility companies
rectify such problems within a reasonable time if the interference is
caused by faulty power utility equipment. Under FCC rules, most power-line
and related equipment is classified as an "incidental radiator." This term
is used to describe equipment that does not intentionally generate any
radio-frequency energy, but that may create such energy as an incidental
part of its intended operation.
To help you better understand your responsibilities under FCC rules, here
are the most important rules relating to radio and television interference
from incidental radiators:
Title 47, CFR Section 15.5 General conditions of operation.
(b) Operation of an intentional, unintentional, or incidental radiator is
subject to the conditions that no harmful interference is caused and that
interference must be accepted that may be caused by the operation of an
authorized radio station, by another intentional or unintentional
radiator, by industrial, scientific and medical (ISM) equipment, or by an
incidental radiator.
(c) The operator of the radio frequency device shall be required to cease
operating the device upon notification by a Commission representative that
the device is causing harmful interference. Operation shall not resume
until the condition causing the harmful interference has been corrected.
Title 47, CFR Section 15.13 Incidental radiators.
Manufacturers of these devices shall employ good engineering practices to
minimize the risk of harmful interference.
Title 47, CFR Section 15.15 General technical requirements.
(c) Parties responsible for equipment compliance should note that the
limits specified in this part will not prevent harmful interference under
all circumstances. Since the operators of Part 15 devices are required to
cease operation should harmful interference occur to authorized users of
the radio frequency spectrum, the parties responsible for equipment
compliance are encouraged to employ the minimum field strength necessary
for communications, to provide greater attenuation of unwanted emissions
than required by these regulations, and to advise the user as to how to
resolve harmful interference problems (for example, see Sec. 15.105(b)).
The complainant has attempted unsuccessfully to work through your usual
complaint resolution process and as a result the matter has been referred
to our office. The Commission prefers that those responsible for the
proper operation of power lines assume their responsibilities fairly. This
means that your utility company should locate the source of any
interference caused by its equipment and make necessary corrections within
a reasonable time.
While the Commission has confidence that most utility companies are able
to resolve these issues voluntarily, the Commission wants to make your
office aware that this unresolved problem may be a violation of FCC rules
and could result in a monetary forfeiture for each occurrence. At this
stage, the Commission encourages the parties to resolve this problem
without Commission intervention, but if necessary to facilitate
resolution, the Commission may investigate possible rules violations and
address appropriate remedies.
The American Radio Relay League, a national organization of Amateur Radio
operators, may be able to offer help and guidance about radio interference
that involves Amateur Radio operators.
American Radio Relay League
Radio Frequency Interference Desk
225 Main Street
Newington, CT 06111
860-594-0200
Email: rfi@arrl.org
Please advise the complainant and this office what steps your utility
company is taking to correct this reported interference problem. The
Commission expects that most cases can be resolved within 60 days of the
time they are first reported to the utility company. If you are unable to
resolve this by August 12, 2011, please advise this office about the
nature of the problem, the steps you are taking to resolve it and the
estimated time in which those steps can be accomplished. Please direct
your response to the following address: 1270 Fairfield Road, Gettysburg,
Pennsylvania 17325.
If you have any questions about this matter, please contact me at
717-338-2577. Thank you for your cooperation.
Sincerely,
Laura L. Smith, Esq.
Special Counsel
Enforcement Bureau
cc: Chicago Field Office
Northeast Regional Director